Message from the Chief Commissioner

Our Services

Special circumstances

Release date: Thu 10 October 2013

Last updated: Fri 22 August 2014

If you have recently received an Infringement Notice you may apply for an Internal Review to take into consideration special circumstances.

Special circumstances

In relation to requests for internal review, special circumstances means-

(a) a mental or intellectual disability, disorder, disease or illness where the disability, disorder, disease or illness results in the person being unable-

(i) to understand that conduct constitutes an offence; or
(ii) to control conduct that constitutes an offence; or

(b) a serious addiction to drugs, alcohol or a volatile substance within the meaning of section 57 of the Drugs, Poisons and Controlled Substances Act 1981 where the serious addiction results in the person being unable-

(i) to understand that conduct constitutes an offence; or
(ii) to control conduct which constitutes an offence; or

(c) homelessness determined in accordance with the prescribed criteria (if any) where the homelessness results in the person being unable to control conduct which constitutes an offence.

When an application is made under the grounds of special circumstances, Victoria Police is limited to:

  • confirming the decision to serve the infringement notice
  • withdrawing the infringement notice
  • withdrawing the infringement notice and serving an official warning in place of the notice.
  • If Victoria Police rejects the application for internal review and confirms the decision to issue the infringement notice, Victoria Police must refer the matter to the Magistrates' Court for determination by a judicial officer.

When can I seek an internal review?

An application for internal review can be made at any time before the offence is lodged with the Infringements Court, or before the expiry of the period for bringing a proceeding to Court in relation to the offence.

The internal review process has to be followed to make a request for consideration of an official warning.

Only one application for internal review can be made regarding any one infringement offence.

Applications for internal review must:

  • be in writing
  • state the grounds for review
  • provide current address and licence details
  • contain letter of consent, or other evidence of consent, if submitted on behalf of a third party.

Grounds for review are:

  • If you believe the decision to serve the notice was contrary to law
  • There is a mistake in identity
  • Your conduct should be excused as exceptional
  • If special circumstances apply (see below)

Should you wish to be considered for withdrawal of infringements within these guidelines, please forward a written application for review to the Traffic Camera Office.

Officer in Charge
Traffic Camera Office
GPO Box 1916
Melbourne 3001

Victoria Police will notify the applicant of the outcome of the review in writing.

 

 
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